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Ex Parte 7,430,425 et al

95001222 (P.T.A.B. Apr. 15, 2014)
Ex Parte 7,430,425 et al

16 Cited authorities

  1. Singh v. Brake

    317 F.3d 1334 (Fed. Cir. 2003)   Cited 66 times
    Ruling that a laboratory notebook entry did not corroborate an alleged conception because "[e]ven if the entry expressed the problem, it did not provide the solution"

  2. Teva Pharm. Indus. v. Astrazeneca Pharm.

    661 F.3d 1378 (Fed. Cir. 2011)   Cited 46 times   1 Legal Analyses
    Holding that to establish a § 102(g) defense, the defendant must establish that someone else invented the method at issue in the United States before the plaintiff.

  3. Kridl v. Mccormick

    105 F.3d 1446 (Fed. Cir. 1997)   Cited 47 times
    Stating that corroboration is "independent confirmation of the inventor’s testimony"

  4. Frazer v. Schlegel

    498 F.3d 1283 (Fed. Cir. 2007)   Cited 14 times   4 Legal Analyses
    In Frazer court noted the inventor's later discovery " does not negate or contradict his disclosure and constructive reduction to practice."

  5. In re Pearson

    494 F.2d 1399 (C.C.P.A. 1974)   Cited 29 times
    Affirming § 103 rejection when § 102 rejection would also have been appropriate

  6. Bey v. Kollonitsch

    806 F.2d 1024 (Fed. Cir. 1986)   Cited 11 times
    Requiring “reasonable diligence during the continuous ... critical period”

  7. Application of Harry

    333 F.2d 920 (C.C.P.A. 1964)   Cited 27 times

    Patent Appeal No. 7168. July 9, 1964. William A. Smith, Jr., Smith, Michael Gardiner, Washington, D.C., Eugene F. Buell, Hoopes, Leonard Buell, Pittsburgh, Pa., for appellants. Clarence W. Moore, Washington, D.C. (Fred W. Sherling, Washington, D.C., of counsel), for the Commissioner of Patents. Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges. RICH, Judge. This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of all claims of application

  8. Meitzner v. Mindick

    549 F.2d 775 (C.C.P.A. 1977)   Cited 10 times   1 Legal Analyses

    Patent Appeal No. 76-577. February 24, 1977. Rehearing Denied April 28, 1977. Eugene Sabol, Fisher, Christen Sabol, Washington, D.C., attys. of record, for appellants; George W.F. Simmons, Robert A. Doherty, Rohm Haas Co., Philadelphia, Pa., of counsel. Herbert B. Keil, Michael P. Bucklo, Johnston, Keil, Thompson Shurtleff, Chicago, Ill., David B. Kellom, Bernd W. Sandt, Midland, Mich., attys. of record, for appellees. Appeal from the Board of Patent Interferences. Before MARKEY, Chief Judge, and

  9. Application of Borkowski

    505 F.2d 713 (C.C.P.A. 1975)   Cited 5 times   1 Legal Analyses

    Patent Appeal No. 74-564. November 27, 1974. Rehearing Denied January 23, 1975. Barry A. Bisson, Wilmington, Del., attorney of record, for appellants. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents; Gerald H. Bjorge, Washington, D.C., of counsel. Appeal from the Patent Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MARKEY, Chief Judge. This is an appeal from the decision of the Patent Office Board of Appeals affirming the examiner's

  10. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 6,033 times   1028 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  11. Section 305 - Conduct of reexamination proceedings

    35 U.S.C. § 305   Cited 175 times   12 Legal Analyses
    Noting that "reexamination will be conducted according to the procedures established for initial examination under the provisions of Sections 132 and 133"

  12. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  13. Section 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art

    37 C.F.R. § 1.131   Cited 118 times   17 Legal Analyses
    Allowing inventors to contest rejection by submitting an affidavit "to establish invention of the subject matter of the rejected claim prior to the effective date of the reference or activity on which the rejection is based"

  14. Section 41.79 - Rehearing

    37 C.F.R. § 41.79   Cited 5 times

    (a) Parties to the appeal may file a request for rehearing of the decision within one month of the date of: (1) The original decision of the Board under § 41.77(a) , (2) The original § 41.77(b) decision under the provisions of § 41.77(b)(2) , (3) The expiration of the time for the owner to take action under § 41.77(b)(2) , or (4) The new decision of the Board under § 41.77(f) . (b) (1) The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked

  15. Section 41.81 - Action following decision

    37 C.F.R. § 41.81   Cited 2 times

    The parties to an appeal to the Board may not appeal to the U.S. Court of Appeals for the Federal Circuit under § 1.983 of this title until all parties' rights to request rehearing have been exhausted, at which time the decision of the Board is final and appealable by any party to the appeal to the Board. 37 C.F.R. §41.81

  16. Section 90.1 - Scope

    37 C.F.R. § 90.1   Cited 2 times

    The provisions herein govern judicial review for Patent Trial and Appeal Board decisions under chapter 13 of title 35, United States Code. Judicial review of decisions arising out of inter partes reexamination proceedings that are requested under 35 U.S.C. 311 , and where available, judicial review of decisions arising out of interferences declared pursuant to 35 U.S.C. 135 continue to be governed by the pertinent regulations in effect on July 1, 2012. 37 C.F.R. §90.1